Brexit

Pursuant to Directive 2004/38 on the free movement of persons, the registration certificate was issued to British citizens and their family members, as were other residence documents issued (permanent residence certificate, residence permit and permanent residence permit).

However, after the United Kingdom’s withdrawal from the EU, the right of residence of British citizens and their family members will no longer derive from Directive 2004/38, but from the Withdrawal Agreement.

Your residence document issued before the United Kingdom’s withdrawal from the EU will be replaced by a new residence document valid from the end of the transition period. The exact details on the replacement procedure are available in the following explanatory text:

The new residence document will specify that its holder is covered by the Withdrawal Agreement, which will allow them to exercise the specific rights that derive therefrom.

The exact details of the replacement procedure are available in the following explanatory text:

No.

British citizens will not need a specific permit to exercise the right to work in Luxembourg, as they are entitled to work in any EU Member State under the terms of the Withdrawal Agreement.

Yes.

Under the Withdrawal Agreement, British citizens will continue to enjoy the right to engage in a professional activity as a cross-border worker in a EU Member State after the end of the transition period, if the paid activity started before the end of the transition period. The Withdrawal Agreement defines a cross-border worker as a person who works in one Member State and lives in another Member State, to which they return every day or at least once a week.

In Luxembourg, it is anticipated that those concerned can request a document certifying their rights deriving from the Agreement after 31 December 2020. The exact details are available in the following explanatory text:

Yes.

A third country national who is a family member of a British citizen covered by the Withdrawal Agreement will also benefit from the rights deriving from the Withdrawal Agreement. They will continue to enjoy their right of residence in Luxembourg after Brexit, for as long as they fulfill the conditions for recognition as a family member of a British citizen. They will keep that right even after the end of the transition period.

However, they must dispose of a new residence document attesting their status as beneficiary of the Withdrawal Agreement and which replaces their current residence document (residence permit, permanent residence permit). The exact details of the replacement procedure are available in the following explanatory text:

Yes.

A British citizen’s family member who is an EU citizen will continue to enjoy the right of residence.

As the family member can avail themselves of their right of residence as an EU citizen, their current residence document (registration certificate or certificate of permanent residence) remains valid and they are not obliged to apply for a new document.

However, since the family member is also a beneficiary of the Withdrawal Agreement, they can apply for a new residence document to be issued in this capacity if they so wish.

No, not necessarily.

British nationals, who hold dual nationality [British nationality and a nationality of a EU Member State or of one of the other states that have acceded to the Agreement on the European Economic Area (Norway, Iceland, Liechtenstein) or of the Swiss Confederation)], may avail themselves of the rights deriving from their second nationality and are not obliged to request a new document.

However, since the persons holding dual nationality are also beneficiaries of the Withdrawal Agreement, they can apply for a new residence document to be issued in this capacity if they so wish.

Persons working in Luxembourg are covered by social security regardless of their nationality. British citizens in this situation remain covered by the Luxembourg social security so long as they work in Luxembourg and are covered for:

• health care;
• sickness;
• long-term care;
• work-related accidents or illnesses;
• pension;
• family benefits.

British nationals who do not meet the conditions to be considered a beneficiary of the Withdrawal Agreement must follow the procedures applicable to third country nationals to stay in Luxembourg. Information on the procedures to follow is available in the explanatory texts in the "Immigration" section.

The family member who is himself a UK national or a national of another third country must check whether he or she meets the conditions to be considered a beneficiary of the Withdrawal Agreement. Detailed information on the applicable conditions is available in the following explanatory text:

If the family member does not meet the conditions to be considered a beneficiary of the Withdrawal Agreement, he or she must follow the procedures applicable to third-country nationals with a view to staying in Luxembourg. Information on the procedures to follow is available in the explanatory texts in the "Immigration" section.

If the family member holds the nationality of a EU Member State or of one of the other states, which have acceded to the Agreement on the European Economic Area (Norway, Iceland, Liechtenstein) or the Swiss Confederation, he/she may avail himself/herself of the rights deriving from that nationality.